Third parties not named in land acquisition proceedings cannot implead themselves in reference proceedings and must seek a reference from the Deputy Commissioner.

ORDER :

(Suraj Govindaraj, J.)

A. Background

1. The Petitioner in W.P. No. 200812/2024 is before this Court seeking for the following reliefs:

i. Issue a Writ of Certiorari to quash the impugned Order dated 06.02.2024 passed on I.A. No.2 in LAC No. 107/2018 pending on the file of Additional District and Sessions Judge at Bidar as at Annexure-H, as illegal and contrary to the settled proposition of law.

ii. Pass any Order or orders which may be deemed fit by this Hon’ble Court in the circumstances of the case.

2. The Petitioner in W.P. No. 201485/2024 is before this Court seeking for the following reliefs:

a. Issue a Writ of Certiorari to quash the impugned Order dated 27.05.2024 passed on I.A. under Order I Rule 10 of Code of Civil Procedure in LAC No. 61/2022 pending on the file of Additional District and Sessions Judge at Bidar as at Annexure-G, as illegal and contrary to the settled proposition of law.

b. Pass any Order or orders which may be deemed fit by this Hon’ble Court in the circumstances of the case.

3. The Petitioner in W.P. No. 201486/2024 is before this Court seeking for the following reliefs:

a. Issue a Writ of Certiorari to quash the impugned Order dated 27.05.2024 passed on I.A. under Order I Rule 10 of Code of Civil Procedure in LAC No. 60/2022 pending on the file of Additional District and Sessions Judge at Bidar as at Annexure-F, as illegal and contrary to the settled proposition of law.

b. Pass any Order or orders which may be deemed fit by this Hon’ble Court in the circumstances of the case.

Facts in W.P. No.200812/2024

4. The petitioner claims to be the absolute owner of the land in Sy.No.121/2, measuring 29 Guntas, situated at Huchakanalli Village, Taluk and District Bidar, which was proposed to be acquired vide a notification issued under Section 4(1) of the Land Acquisition Act, 1894 on 7.6.2011, for a project known as Karanja. A final notification under Section 6(1) came to be issued on 9.11.2012. In both the notifications, the name of the petitioner has been shown as the owner of the aforesaid land. The Special Land Acquisition Officer - Respondent No.1, passed an award of compensation assessing the value to be Rs.4,64,166/- on 16.11.2014. By then, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 having come into force, the Petitioner filed a reference application under Subsection (1) of Section 64 of the Act of 2013. Based on which, the SLAO prepared a checklist and reference was made to the District and Sessions Judge, Bidar which came to be numbered as LAC No.107/2018.

5. In the said proceedings, Respondents No.3 to 5, claiming to be interested persons, interested in the award of compensation, claiming that they had ownership interest in the property, there being no partition among the brothers of the father of the Petitioner, the property being ancestral in nature, had filed an application under Order 1, Rule 10 (2) of the Code of Civil Procedure, which application was opposed by the Petitioner. The Reference Court, however, allowed the application vide order dated 6.2.2024. Despite the Petitioner and the Respondents having contended that the dispute between them has been settled, the Court came to a conclusion that such settlement cannot deprive Respondents No.3 to 5 or the Court from granting compensation. Any compensation amount awarded could be received, distributed or divided between the parties, and being of the opinion that it would result in multiplicity of proceedings, memo of settlement was rejected; impleading application was allowed, and the plaintiff was directed to carryout amendment and file amended petition.

Facts in W.P. No.201485/2024

6. The petitioner claims to be absolute owner of land in Sy.No.9/1B, measuring 3 acres situated at Huchakanalli Village, Bida